Deportation processes typically involve two countries: one that sends deportees and another that receives them. The Trump administration is exploring alternative options for deportation, having sent hundreds of deportees, primarily Venezuelans, to El Salvador, where they are held in a maximum-security prison known for its harsh conditions. Additionally, migrants from Asia, the Middle East, and Africa have been sent to Panama and Costa Rica, including families with young children.
The administration is also in preliminary discussions with Rwanda to accept deportees and recently planned to send Laotian, Vietnamese, and Filipino migrants to Libya, although these plans were halted due to a court order. Representatives from Libya's conflicting governments have denied any agreement to accept U.S. deportees.
The expansion of the third-country deportation program aims to facilitate the removal of migrants whose home countries refuse to accept them, as seen with Venezuela, which sporadically accepts deportation flights. A secondary goal appears to be to deter immigrants from remaining in the U.S. by creating a perception of risk associated with staying, potentially leading to "self-deportation."
Furthermore, the administration's approach to third-country deportations raises concerns about the establishment of a global detention system that lacks due process rights, particularly in countries with authoritarian regimes seeking to align with U.S. policies.
Rwanda and Libya have been positioned as solutions to immigration issues faced by wealthier nations. Rwanda previously agreed to accept asylum seekers from Britain, while Libya has received aid from European countries in exchange for preventing migrant arrivals. However, both countries have documented histories of unsafe conditions for migrants, with U.S. law prohibiting deportations to nations where individuals may face persecution or torture.
Legal challenges have emerged against similar deportation plans, with courts in Britain and Israel halting deportations to Rwanda due to concerns over human rights violations. Libya's treatment of migrants has also been criticized, with reports of severe abuses in detention centers.
The Trump administration's policies may reflect a broader strategy of creating zones where deportees have limited rights, effectively pushing them into a "legal abyss." This concept describes a form of authoritarianism where individuals can be subjected to violence and coercion without legal recourse.
El Salvador has offered its prison system to the U.S. for deportees, raising questions about the jurisdiction of U.S. courts over these deportations. The situation in Rwanda remains uncertain, and if Libya becomes a destination for deportees, it is likely to perpetuate a system devoid of legal protections for those sent there.
Human rights organizations continue to express concerns about the treatment of migrants in these countries, warning that deportees may face severe violations of their rights and lack any means of escape from abusive conditions.